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2. (1) The Potatoes Originating in Egypt Regulations 1998(1) shall be amended in accordance with paragraphs (2), (3) and (4) below.
(2) In regulation 2 (interpretation) for the definition of “the Decision” there shall be substituted–
““the Decision” means Commission Decision 96/301/EC authorising member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(2) as amended by Commission Decision 98/105/EC authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(3) and Commission Decision 98/503/EC authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt(4);”.
(3) After regulation 5 there shall be inserted–
5A. (1) Where the power to take samples conferred by article 25(1)(a) of the Order is exercised by an inspector in respect of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 3 of the Annex to the Decision, those potatoes are infected with Pseudomonas solanacearum (Smith) Smith, there shall be payable by the importer a fee of £35, unless that power has previously been exercised for that purpose in respect of other potatoes from the same village, in the case of the delta region, or basin, in the case of the desert regions, during the same growing year.
(2) The fee prescribed by paragraph (1) shall be payable–
(a)in the case of potatoes imported into England or Wales, to the Minister of Agriculture, Fisheries and Food;
(b)in the case of potatoes imported into Scotland, to the Secretary of State.
(3) In this regulation–
“delta region”, “village”, “basin” and “desert regions” have the same meanings as they have in paragraph 1(a) of the Annex to the Decision; and
“growing year” means the period beginning on 1st September in one year and ending on 31st August in the following year.”.
(4) In paragraph (1) of regulation 6 (offences) for the words–
“regulation 3 (imports of potatoes originating in Egypt) or 4 (approval of plants which process potatoes originating in Egypt)”
there shall be substituted–
“regulation 3 (imports of potatoes originating in Egypt) or 4(1) (person processing potatoes otherwise than in an approved plant)”.
OJ No. L115, 9.5.96, p. 47.
OJ No. L25, 31.1.98, p. 101.
OJ No. L225, 12.8.98, p. 34.
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